Sube & Anor v News Group Newspapers Ltd & Anor

Sube & Anor v News Group Newspapers Ltd & Anor

The serious harm requirement under s 1 Defamation Act 2013 cannot be satisfied by aggregating reputational injury from multiple imputations that individually fall below the threshold; each imputation must independently meet the consensus and seriousness requirements for a statement to be actionable in defamation.

Parties
Claimant: Arnold Mballa Sube; Claimant: Jeanne Mballa Sube; Defendant: News Group Newspapers Ltd; Defendant: Express Newspapers
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Civil / Judgment on Preliminary Issues and Applications
Outcome
Defamation claims dismissed; applications for specific disclosure dismissed; costs awarded to defendants.
Legal Topics
Serious Harm Threshold, Cumulative Harm, Defamation Act 2013, Libel, Harassment, Data Protection, Malicious Falsehood, Equality Act
Defamation Media Law Serious Harm Threshold Cumulative Harm Defamation Act 2013 Libel Harassment Data Protection +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Arnold Mballa Sube

Claimant

Jeanne Mballa Sube

Claimant

News Group Newspapers Ltd

Defendant

Express Newspapers

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues and Applications

Legal Issues

  1. 1 Whether cumulative reputational harm from multiple non-defamatory imputations can satisfy the serious harm requirement under s 1 Defamation Act 2013
  2. 2 Interpretation of 'statement' versus 'imputation' under Defamation Act 2013
  3. 3 Application of consensus requirement and threshold of seriousness in defamation claims

Ratio Decidendi

The serious harm requirement under s 1 Defamation Act 2013 cannot be satisfied by aggregating reputational injury from multiple imputations that individually fall below the threshold; each imputation must independently meet the consensus and seriousness requirements for a statement to be actionable in defamation.

Court Disposition

Defamation claims dismissed; applications for specific disclosure dismissed; costs awarded to defendants.

Orders

  • Defamation, malicious falsehood, and Equality Act claims struck out.
  • Claimants to pay defendants' costs, assessed if not agreed.